Construction dispute resolution
Avoiding escalation of construction disputes
The vast majority of construction disputes can be resolved at an early stage without recourse to formal legal processes. But only if they’re tackled before they have escalated or had a knock-on effect on other aspects of the project. A call to one of our construction lawyers early on can avoid relationships deteriorating and costs escalating resulting in enormous damage to the project.
We identify the most appropriate way of tackling the construction dispute, with a view to containing its scope and minimising its impact on the project and your business. We adopt an entirely bespoke approach, recognising that the dynamics of each project and those involved differ significantly, quite apart from any technical questions. We have considerable experience in dealing with complex technical disputes arising from catastrophic design failings.
Construction dispute resolution through the courts or adjudication
Sometimes the construction dispute has reached a stage where the most appropriate solution for keeping your project moving forward is to use the formal legal process. Or maybe you have been issued with proceedings and need the help of a specialist construction lawyer.
Our lawyers are construction industry insiders who understand the culture of a construction site and have insight into how the other party is likely to act. This is invaluable in resolving the dispute successfully and reaching a satisfactory resolution before getting as far as final trial.
Our lawyers have a significant amount of experience of the London Technology & Construction Court. We understand the way it operates and work closely with specialist barristers who are renowned for their work in this court.
Using our construction adjudication service
We provide two types of construction adjudication service depending on the level of legal input you need:
- Full service: where we prepare the papers and see the construction adjudication process through from start to finish
- “Adjudication lite”: where we work with your in house team, check the papers prepared by them, give our objective view from the adjudicator’s perspective and deal with any legal and procedural issues arising.
Our services include:
- Resolving construction disputes about design failures and major multi-party professional negligence claims
- Advising on interim and final account payment disputes, retentions, pay-less notices, etc.
- Dealing with workmanship disputes
- Advising on claims for loss and expense, delay or extensions of time
- Negotiations pursuant to the PreAction Protocol for Construction & Engineering Disputes
- Representing you in the Technology & Construction Court (TCC) and county courts
- Construction adjudication (full service or adjudication lite)
- Representing you in arbitrations
- Alternative dispute resolution, including mediation and expert determination.
Clients praise Chris Kirby-Turner’s “knowledge of industry practice and sensible approach to case management” and his “straightforward and practical approach.”
Our construction and engineering team has been consistently ranked in Tier 1 by leading independent legal directory Chambers UK. Barristers compliment “Chris Kirby-Turner who prepared the case meticulously ... but more importantly than his careful and detailed preparation was his unfailing calm and unflappable good humour.”
- Mediated outcome to a highly technical multi-party dispute concerning the failure of a major piled wall during the construction of a prestigious coastal development to enable its highly successful completion, despite the main contractor’s insolvency
- Negotiated outcome to a technical dispute affecting a school tennis centre after our recommendation of a radar survey to successfully identify the mode of failure without undertaking destructive opening up works
- Mediated outcome to a multi-party dispute concerning defective design elements in a major listed barn conversion
- Providing adjudication support in relation to technical challenges raised on procedural matters and the adjudicator’s decision
- Negotiating settlement for The Royal British Legion of a major TCC claim in relation to its refurbishment of a large care home facility with new specialist dementia care facility.
Email us or call us on 01322 623705 to arrange an initial consultation.